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Investors of the DAO: unlimited liability for their partnership's misdeeds?

4 pointsby mazsaabout 9 years ago

2 comments

bmh_caabout 9 years ago
Reversion of a business enterprise to a partnership seems a rather overwhelming concern, as DAO seems to be creating full-liability (general) partnerships as a substitute for the modern corporation.<p>The advantages of the corporation are not just its capacity to organization decision making but also, among others:<p>1. limited liability of shareholders&#x2F;owners<p>2. hundreds of years of legislative advancement and precedents giving relatively unambiguous roles and responsibilities – including record keeping, ownership, and tax<p>3. legal impersonation of a person, giving right to property ownership, insurability, and others<p>4. survivorship and estate planning of its incorporators<p>There are a variety of legal entities that could be used in place of the corporation, including partnerships of various forms, trusts, and a variety of sometimes-fancy associations (e.g. the Swiss Verein). The corporation has become dominant for a reason, the reasons for which did not seem addressed by the DAO, as far as I saw.<p>The advancements of technology strikes me as a necessary but relatively minor part of a multitude of state social structures that need to be simultaneously advanced to make this a choice comparable to the modern corporation.<p>None of which is to say that the corporation is the optimal mechanism for organizing business, but I&#x27;m not yet convinced that technological advancement alone is sufficient to compete. Other things have to catch up.
mazsaabout 9 years ago
&quot;The DAO&#x27;s investors [...] might now be keenly interested in whether they are in fact general partners in the DAO under local law. Because general partners tend to have unlimited liability for their partnership&#x27;s misdeeds. Even if the smart contract says otherwise. Without the protections of limited liability based in local law, all you have to rely on is cryptography.&quot;